The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced changes to its pipeline safety enforcement procedures. These changes, outlined in a memorandum from PHMSA’s Chief Counsel, aim to ensure due process by holding parties accountable to the penalties that were in place at the time of an alleged violation and requiring the agency to provide requested records.
PHMSA Acting Administrator Ben Kochman said, "Inspections and enforcement actions are a critical part of PHMSA’s safety program. After four years of the Biden Administration’s misguided attempts to turn PHMSA into an environmental regulator, we are ensuring due process and putting safety front and center. These long overdue reforms will refocus our enforcement program, so the law is applied fairly, transparently, and in a way that respects the core legal principle of due process."
The updated policy requires operators to be held to penalties applicable at the time a violation occurred rather than enhanced penalties introduced later. PHMSA will also disclose all pertinent agency records, including potentially exculpatory evidence, allowing those subject to enforcement actions fair access to records for defense purposes.
Previously, parties involved in enforcement proceedings received only certain agency records as specified by a 2013 regulation. In 2020, Congress directed PHMSA to provide "all agency records pertinent to the matters of fact and law asserted," which PHMSA will now ensure compliance with.
For more information, visit PHMSA's website.
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